WVC 11 - 13AA- 6
§11-13AA-6. Transfer of credit to successors.
(a) Mere change in form of business
. -- A patent may not be
treated as disposed of by reason of a mere change in the form of
conducting the business as long as the patent is retained and
directly used in a manufacturing process or product in this state
and the person that developed the patent retains a controlling
interest in the successor business. In this event, the successor
business is allowed to claim the amount of credit still available
with respect to the patent transferred to a successor.
(b) Transfer or sale to successor. -- A patent may not be
treated as disposed of under this article by reason of any transfer
or sale to a successor business which continues to directly use the
patent in a manufacturing process or product in this state. Upon
transfer or sale, the successor acquires the amount of credit or
deduction that remains available under this article for each
subsequent taxable year.